alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Deferred Enforced Departure for Certain Palestinians

# Memorandum for the Secretary of State [and] the Secretary of Homeland Security

Following the horrific October 7, 2023, terrorist attack by Hamas against Israel, and Israel's ensuing military response, humanitarian conditions in the Palestinian territories, and primarily Gaza, have significantly deteriorated. While I remain focused on improving the humanitarian situation, many civilians remain in danger; therefore, I am directing the deferral of removal of certain Palestinians who are present in the United States.

Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 18 months the removal of any Palestinian subject to the conditions and exceptions provided below.

Accordingly, I hereby direct the Secretary of Homeland Security to take appropriate measures to defer for 18 months the removal of any Palestinian who is present in the United States on the date of this memorandum, except for those:

(1) who have voluntarily returned to the Palestinian territories after the date of this memorandum;

(2) who have not continuously resided in the United States since the date of this memorandum;

(3) who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));

(4) who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));

(5) who are subject to extradition;

(6) whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or

(7) whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

I further direct the Secretary of Homeland Security to take appropriate measures to authorize employment for noncitizens whose removal has been deferred, as provided by this memorandum, for the duration of such deferral, and to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Palestinians as the Secretary of Homeland Security determines to be appropriate.

                    The Secretary of Homeland Security is authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. 2024-03514

Billing code 4410-10-P
#### Lauro FLORES, Appellant, v. Mary M. LOGAN, Appellee.

No. 13249.

Court of Civil Appeals of Texas. San Antonio.

Nov. 13, 1957.

Rehearing Denied Dec. 11, 1957.

Glenn B. Lacy, Walter F. Rudeloff, San Antonio, for appellant.

W. Pat Camp, Wm. C. Church, Jr., San Antonio, for appellee.

W. O. MURRAY, Chief Justice.

This suit was instituted by Lauro Flores against Mary M. Logan, seeking to recover damages for an injury sustained by him when he dived into a swimming pool allegedly owned and operated by Mary M. Logan.

The trial began to a jury, but after Flores had rested his case Mary M. Logan made a written motion for a directed verdict in her favor. This motion was granted and judgment rendered on such instructed verdict that plaintiff take nothing, from which judgment Lauro Flores has prosecuted this appeal.

The instructed verdict was granted upon the ground that appellant was guilty of contributory negligence as a matter of law. The record shows that appellant did not introduce any evidence to show that Mary M. Logan was the owner or operator of the swimming pool or that she was connected with it in any way. That fact alone would have justified the granting of the motion for an instructed verdict. It is true that this was not the ground upon which the motion was granted, but, nevertheless, it is our duty to uphold the action of the trial court, if in fact the motion should have been sustained for a reason other than the one given by the trial court.

Whether or not appellant was guilty of contributory negligence, as a matter of law, *814presents a very intricate and difficult question under all the facts here, hut in view of the fact that appellant failed to make out a prima facie case in that he did not show that appellee was in any way connected with the swimming pool, we do not deem it necessary to pass upon the question of contributory negligence.

The judgment of the trial court is affirmed.
#### Bertran HAWKINS, Appellant, v. The STATE of Texas, Appellee.

No. 27771.

Court of Criminal Appeals of Texas.

Nov. 2, 1955.

*397No apearance for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Asst. Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is the unlawful sale of heroin ; the punishment, ten years.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed.
EXHIBIT 32.1

CERTIFICATION1

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Robert G. Johnson, Jr., M.D., Ph.D., Chief Executive Officer of Kosan Biosciences Incorporated (the Company), and David L. Johnson, Principal Accounting Officer
and Principal Financial Officer of the Company, each hereby certifies that, to the best of his or her knowledge:

1. The Companys Quarterly Report on
Form 10-Q for the period ended March 31, 2006, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange
Act, and

2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.

In Witness Whereof, the undersigned have set their hands hereto as of May 10, 2006.



/s/ Robert G. Johnson, Jr.Robert G. Johnson, Jr., M.D., Ph.D.Chief Executive Officer/s/ David L. JohnsonDavid L. JohnsonPrincipal Accounting Officer and Principal Financial Officer




---

|1 | This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of Kosan Biosciences Incorporated under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | A signed original of this written statement required by Section 906 has been provided to Kosan Biosciences Incorporated and will be retained by Kosan Biosciences Incorporated
and furnished to the Securities and Exchange Commission or its staff upon request.
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>
 
EXHIBIT 11--STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS

COMMERCIAL BANCSHARES, INCORPORATED

<TABLE>
<CAPTION>
 
                                           Year Ended December 31
PRIMARY:                                     1996           1995
                                         --------------------------
<S>                                       <C>            <C>
Average shares outstanding                 1,469,670      1,463,201
                            
Net Income                                $4,781,011     $4,745,503
                                         --------------------------
                            
Applicable to common stock                $4,781,011     $4,745,503
                                          =========================
                            
Per Share Amount                               $3.25          $3.24
                            
                            
FULLY DILUTED:              
Average shares outstanding                 1,469,670      1,463,201
                                         --------------------------
                            
TOTAL                                      1,469,670      1,463,201
                                          =========================
                            
Net Income                                $4,781,011     $4,745,503
                                          =========================
                            
Per Share Amount                               $3.25          $3.24

</TABLE>
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 2011 - 0568 These comments are in **Directorate ID:** 

### 2011 -NM - 010 - AD response to an SNPRM Originating Office Tracking No.: **Next Step:** FRAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, lis t latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter togeth er. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree w ith because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch M anager**  **Date**
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
                           OFFICER
                         PURSUANT TO
                   18 U.S.C. SECTION 1350,
                   AS ADOPTED PURSUANT TO
        SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that the Quarterly Report on Form 10-QSB for the quarterly
period ended September 30, 2002, fully complies with the
requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such
Quarterly Report fairly presents in all material respects
the financial condition and results of operations of Music
Etc., Inc.

Date: October 22, 2002        By: /s/ Lewis Eslick
                              Name: Lewis Eslick
                              Title: President, Chief
                              Executive Officer and Chief
                              Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT

HOA THI AN NGUYEN, No. 20-70090

Petitioner, Agency No. A099-764-681 

v.

MEMORANDUM*

MERRICK B. GARLAND, 

Attorney General,

 

 Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted April 12, 2021

Seattle, Washington

Before: HAWKINS and CALLAHAN, Circuit Judges, and FITZWATER,

** District

Judge.

Hoa Thi An Nguyen (“Nguyen”), a native and citizen of Vietnam, petitions for

review of the Board of Immigration Appeals’ (“BIA’s”) dismissal of her appeal

challenging the immigration judge’s denial of her motion to reopen proceedings and

FILED

APR 21 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Sidney A. Fitzwater, United States District Judge for the

Northern District of Texas, sitting by designation.
rescind a removal order entered in absentia. We have jurisdiction under 8 U.S.C. §

1252 and deny the petition. 

We review the denial of a motion to reopen for abuse of discretion. See, e.g.,

Go v. Holder, 744 F.3d 604, 609 (9th Cir. 2014) (citing Bhasin v. Gonzales, 423 F.3d

977, 983 (9th Cir. 2005)). We must uphold the decision of the BIA unless it “acted

arbitrarily, irrationally, or contrary to law.” Lo v. Ashcroft, 341 F.3d 934, 937 (9th

Cir. 2003) (quoting Celis-Castellano v. Ashcroft, 298 F.3d 888, 891 (9th Cir. 2002)). 

We review the BIA’s legal conclusions de novo and its factual findings for substantial

evidence. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (citing Bhasin, 423

F.3d at 983).

Because the facts are known to the parties, we do not repeat them here except

as necessary to explain our decision.

The BIA did not abuse its discretion in dismissing Nguyen’s appeal of the

denial of her motion to reopen proceedings and rescind the removal order, which she

based on lack of notice. Nguyen did not inform the United States Citizenship and

Immigration Services (“USCIS”) of an address change from Washington to

California; the notice to appear and hearing notices were sent by regular mail to the

last address that she provided; and the BIA reasonably concluded that she did not

present sufficient evidence to rebut the weaker presumption of delivery. See

- 2 -
Sembiring v. Gonzales, 499 F.3d 981, 988-89 (9th Cir. 2007) (identifying factors

relevant to evaluating a petitioner’s rebuttal of the presumption of effective service). 

Nor has Nguyen provided a legal basis to conclude that a third party’s application to

the agency on her behalf amounted to a global update of her address of record with the

USCIS or otherwise provided constructive knowledge that she had moved to San Jose,

California.

For the same reasons, we also reject Nguyen’s due process argument. See

Dobrota v. INS, 311 F.3d 1206, 1211 (9th Cir. 2002) (holding that the government

satisfies due process requirements by mailing notice to the last address that the noncitizen provided).

PETITION DENIED.

- 3 -
#### Julian GARCIA, Appellant, v. The STATE of Texas, Appellee (two cases).

Nos. 27443, 27444.

Court of Criminal Appeals of Texas.

Feb. 9, 1955.

*119No attorney on appeal for appellant.

Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is passing a forged instrument ; the punishment, two years.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review. The judgment is affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       2,300,979
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,300,979
<PP&E>                                     189,875,741
<DEPRECIATION>                             189,692,528
<TOTAL-ASSETS>                               2,484,192
<CURRENT-LIABILITIES>                        2,300,979
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     183,213
<TOTAL-LIABILITY-AND-EQUITY>                 2,484,192
<SALES>                                      5,235,068
<TOTAL-REVENUES>                             5,354,578
<CGS>                                                0
<TOTAL-COSTS>                                  369,101
<OTHER-EXPENSES>                               323,396
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANTTO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Michael J. Borman,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of AvocentCorporation on Form 10-Q for the quarterly period ended June 27, 2008fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Avocent Corporation.

 
| Date:  | August 6, 2008 |                      |                    |
|--------|---------------------|---------------------------|-------------------------|
|   |                |                      |                    |
|   |                | By: /s/Michael J.  Borman |
|   |                | Name:                     | Michael J. Borman       |
|   |                | Title:                    | Chief Executive Officer |
|        |                     |                           |                         |  |

 

I, Edward H. Blankenship,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of AvocentCorporation on Form 10-Q for the quarterly period ended June 27, 2008fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Avocent Corporation.

 
| Date:  | August 6, 2008 |                          |                                                            |
|--------|---------------------|-------------------------------|-----------------------------------------------------------------|
|   |                |                          |                                                            |
|   |                | By:/s/ Edward H.  Blankenship |
|   |                | Name:                         | Edward H. Blankenship                                           |
|   |                | Title:                        | Senior Vice President  of Finance, Chief Financial Officer, and |
|   |                | Assistant Secretary           |
|        |                     |                               |                                                                 |  |

 

1

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-11753-01-ORD]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of charter renewal.

# SUMMARY:

Notice is hereby given that the Environmental Protection Agency (EPA) has determined that, in accordance with the provisions of the Federal Advisory Committee Act (FACA), the EPA Board of Scientific Counselors (BOSC) is in the public interest and is necessary in connection with the performance of EPA's duties. Accordingly, the BOSC will be renewed for an additional two-year period. The purpose of the BOSC is to provide advice and recommendations to the Administrator regarding the Office of Research and Development's National Research Programs.

      ( print page 13081)    

# FOR FURTHER INFORMATION CONTACT:

                        Inquiries may be directed to Tom Tracy, U.S. EPA, (Mail Code B343-01), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711, telephone (919) 541-4334, or                         *tracy.tom@epa.gov.*

Mary Ross,

Director, Office of Science Advisor, Policy, and Engagement.

[FR Doc. 2024-03498 Filed 2-20-24; 8:45 am]

BILLING CODE 6560-50-P
STEPHEN JAMES WHITNER,

Appellant,

v.

STATE, DEPARTMENT OF 

REVENUE, CHILD SUPPORT 

ENFORCEMENT PROGRAM 

AND AMBER MARIE 

ANDERSON,

Appellees.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-2509

_____________________________/

Opinion filed December 14, 2015.

An appeal from an order of the Department of Revenue.

Stephen James Whitner, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant 

Attorney General, Tallahassee, for Appellees.

PER CURIAM.

AFFIRMED.

ROBERTS, C.J., BENTON and KELSEY, JJ., CONCUR.